Tag Archives: 1985 Act

UPDATE on Appeal Hearing

The judgement in the appeal of Chancellor Morritt’s Judgement from Phillips & Goddard v Francis was handed down this morning.

Copy below,

PC354 – Phillips final 31.10 (Morritt Appeal Judgement)



Can you afford to donate £1, if all tenants and holiday home owners who have benefited from our landmark cases donated £1 to defend them then we could win and ensure the benefits we have worked so hard for continue to help everybody.

If you are a tenant or a holiday home owner paying service charges then you will know that the Judgements achieved by the PCTA have benefited YOU, even if you have not had cause to use them yet.

Thanks to a PCTA challenge of the then current legislation the owners of holiday homes now have the protection of the Landlord & Tenant Act 1985 due to a High Court ruling by HHJ Griggs giving them dwellings status. THIS HAS BENEFITED  1,000’s of HOLIDAY HOME OWNERS.

Thanks to an Appeal by the PCTA in the High Courts of certain decisions from Part One of the trial of the reasonableness of service charges for 2008 & 2009, the Chancellor Sir Andrew Morritt clarified the law on fragmentation of Qualifying Works so that a landlord could no longer split these up to avoid consultation. http://www.lease-advice.org/news/story/?item=143. THIS HAS BENEFITED ALL TENANTS

It is the judgement of the Chancellor that is now being appealed by our landlord who is being backed by other landlords and sponsors, that we need your help with. Our resources are low and we need your financial support. We are asking for donations to our legal fund to stop this Second Appeal succeeding and throwing the law back into confusion.

The link below is to a letter detailing our cause and how you can help. Alternatively use our contact form and we will send you the details. We would also ask that you forward the letter to other associations. Copies can be emailed to you on request.

Association letter 9-1-14

If you provide your email address we will keep you updated as to the progress of the Appeal. Use our contact form.

You will also find details of the Judgements in the section “COURT ACTION INFORMATION”

If you are unable to give financial support but wish to support our campaign then write to the PCTA secretary stating why you feel the Chancellors decision was right. We suggest using the PCTA email to send your letter pcta@curlew.org.uk .


Phillips & Goddard v Francis & Francis Part One – Appeal Judgement

Sir Andrew Morritt Chancellor for the High Court has delivered his judgement on the appeal of two issues from the Phillips & Goddard v Francis & Francis Part One judgement.

This judgement will have far reaching affects for tenants who pay variable service charges as it concerns how to deal with Qualifying Works.

Click below for the judgement

Phillips & Goddard v Francis [2012] EWHC 3650 (Ch)

Kingsdown Holiday Park LVT Result

The Kingsdown Tenants Association have achieved a major victory in a LVT hearing and subsequent Upper Tribunal appeal hearing over the new owners of their site Tingdene. The relevant documents can be viewed by following these links.

LVT judgement – 09_11_09 LVT Application Letter

Permission to appeal decision – 25_05_10 LVT Appeal Decision to Parties

Upper Tribunal Appeal Decision – Decision LRX-81-2010